Employment and Data Protection
Organizations collect employee data for purposes of managing the relationship and to facilitate decision making. The Kenyan Data Protection Act, 2019 (DPA,19) is built around 7 principles, we will use those principles to set up a framework for reviewing the lawful use of employee data. But first: Anonymized and pseudonymized data is not covered by the DPA,19. DPA,19 does not extend to a deceased person's data. Special category data (trade union membership, sex, religion, health, criminality etc) are considered sensitive and the law extends particular protections to them. employees have 7 rights under data protection laws This will require additional processes to be in place which is out of scope for this article. 1. Lawfulness, fairness & transparency Have a valid reason(s) for processing employee data. You can use different reasons for different contexts (recruitment, on-boarding, performance management, succession planning, discipline, separation) and in respect...